BILL NUMBER: AB 302	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 12, 2015

   An act to add Section 222 to the Education Code, relating to pupil
services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, as amended, Cristina Garcia. Pupil services: lactation
accommodations.
   Existing law requires an employer to provide a reasonable amount
of break time to accommodate an employee desiring to express breast
milk for the employee's infant child. Existing law requires the
employer to make reasonable efforts to provide the employee with the
use of a room or other location, other than a toilet stall, in close
proximity to the employee's work area, for the employee to express
milk in private. Existing law establishes the California School Age
Families Education Program, which is a comprehensive, continuous, and
community linked school-based program that focuses on youth
development and dropout prevention for pregnant and parenting pupils
and on child care and development services for their children.
   Existing federal law requires an educational institution to treat
pregnancy, childbirth, recovery from childbirth, and other specified
conditions in the same manner and under the same policies as any
other temporary disability. Existing law also prohibits
discrimination on the basis of disability, gender, or other specified
characteristics in any program or activity conducted by an
educational institution that receives, or benefits from, state
financial assistance or enrolls pupils who receive state financial
aid.
   This bill would require a school  district  
operated by a school district or a county office of education, the
California School for the Deaf, the California School for the Blind,
and a charter school  to  provide  
provide, only if there is at least one lactating pupil on the school
campus,  reasonable accommodations to a lactating pupil on a
 high  school campus to express breast milk,
 breastfeed   breast-feed  an infant child,
or address other needs related to  breastfeeding. 
 breast-feeding.  The bill would require that these
reasonable accommodations include, but are not limited to, access to
a private and secure room, other than a restroom, to express breast
milk or  breastfeed   breast-feed  an
infant child, permission to bring onto a school campus any equipment
used to express breast milk, access to a power source for that
equipment, and access to a place to safely store expressed breast
milk. The bill would also require that a lactating pupil on a
 high  school campus be given a reasonable amount of
time to accommodate the need to express breast milk or 
breastfeed   breast-feed  an infant child. 
The bill would require a school district to provide reasonable
accommodations, as specified, only if there is at least one lactating
pupil on a high school campus in that district.   The
bill would prohibit a pupil from incurring an academic penalty as a
  result of her use, during the schoolday, of these
reasonable accommodations. The bill would authorize a complaint of
noncompliance with the requirements of the bill to be filed with the
local educational agency in accordance with specified procedures and
would require the local educational agency to conduct an
investigation and issue a written decision within 5 schooldays of its
receipt of such a complaint. The bill would also authorize a
complainant to appeal a decision of the local educational agency to
the State Department of Education and would require the  
department to issue a written decision within 30 days of its receipt
of the appeal.  The bill would also include a statement of
legislative findings and declarations. By imposing additional duties
on  school districts,   local educational
agencies,  this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
1681 et seq.) prohibits sex discrimination in educational
institutions, which includes discrimination against pregnant and
parenting pupils.
   (b) The federal regulations implementing Title IX of the Education
Amendments of 1972 specify that sex discrimination includes
discrimination against a pupil based on pregnancy, childbirth, false
pregnancy, termination of pregnancy, or recovery from
childbirth-related conditions.
   (c) The federal regulations implementing Title IX of the Education
Amendments of 1972 require a pupil with temporary medical conditions
occasioned by pregnancy or related to recovery from childbirth to be
treated the same as any other pupil with a temporary disability.
   (d) The Sex Equity in Education Act (Article 4 (commencing with
Section 221.5) of Chapter 2 of Part 1 of Division 1 of Title 1 of the
Education Code) prohibits sex discrimination in educational
institutions, which includes discrimination against pregnant and
parenting pupils.
   (e) The regulations implementing the Sex Equity in Education Act
prohibit educational institutions from applying any rule concerning a
pupil's actual or potential parental, family, or marital status that
treats a pupil differently on the basis of sex.
   (f) The Unruh Civil Rights Act (Section 51 of the Civil Code)
prohibits businesses, including public schools, from discriminating
based on sex, which includes discrimination on the basis of
pregnancy, childbirth, or medical conditions related to pregnancy or
childbirth.
   (g) Denial of accommodations to a pupil who chooses to 
breastfeed   breast-f   eed  or express
breast milk while at school is prohibited sex discrimination.
   (h) Despite these laws, California schools are failing to
accommodate the needs of lactating pupil parents on their campuses by
providing them with reasonable time and private space to express
breast milk,  breastfeed   breast-feed 
infant children, or address other needs related to 
breastfeeding.   breast-feeding. 
  SEC. 2.  Section 222 is added to the Education Code, to read:
   222.  (a) A  school operated by a  school 
district   district or a county office of education, the
California School for the Deaf, the California School for the Blind,
and a charter school  shall provide reasonable accommodations
to a lactating pupil on a  high  school campus to
express breast milk,  breastfeed  breast-feed
 an infant child, or address other needs related to 
breastfeeding.   breast-feeding.  Reasonable
accommodations under this section include, but are not limited to,
all of the following:
   (1) Access to a private and secure room, other than a restroom, to
express breast milk or  breastfeed  
breast-feed  an infant child.
   (2) Permission to bring onto a school campus a breast pump and any
other equipment used to express breast milk.
   (3) Access to a power source for a breast pump or any other
equipment used to express breast milk.
   (4) Access to a place to store expressed breast milk safely.
   (b) A lactating pupil on a  high  school campus
shall be provided a reasonable amount of time to accommodate her need
to express breast milk or  breastfeed  
breast-feed  an infant child.
   (c) A school  district   specified in
subdivision (a)  shall provide the reasonable accommodations
specified in subdivisions (a) and (b) only if there is at least one
lactating pupil on  a high   the  school
 campus in that district.   campus.  
   (d) A pupil shall not incur an academic penalty as a result of her
use, during the schoolday, of the reasonable accommodations
specified in this section, and shall be provided the opportunity to
make up any work missed due to such use.  
   (e) (1) A complaint of noncompliance with the requirements of this
section may be filed with the local educational agency under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.  
   (2) Within five schooldays of a local educational agency's receipt
of a complaint alleging a violation of the requirements of this
section, the local educational agency shall conduct a complete
investigation and issue a written local educational agency decision.
The investigation and decision shall comply with the requirements of
subdivisions (b) to (d), inclusive, and paragraphs (1) to (7),
inclusive, of subdivision (e), of Section 4631 of Title 5 of the
California Code of Regulations.  
   (3) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations.  
   (4) If the complainant appeals a local educational agency decision
regarding an alleged violation of the requirements of subdivisions
(a) through (d), inclusive, of this section, the department shall
issue a written decision regarding the appeal within 30 days of the
department's receipt of the appeal. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.